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6 Dec 2023, 12:55 am by Michael Douglas
Stewart J held there would be strong reasons for not enforcing the exclusive foreign jurisdiction clause even if it were incorporated and enforceable: Karpik v Carnival plc (The Ruby Princess) (Stay Application) [2021] FCA 1082; (2021) 157 ACSR 1, [331]. [read post]
30 Nov 2023, 7:38 am by INFORRM
That was a threshold condition, and not question of discretion, R (Omar) -v- Secretary of State for Foreign and Commonwealth Affairs [2014] QB 112 [30]. [read post]
23 Oct 2023, 6:16 pm by Jeanne Huang
Rares J dissented, upholding the primary judge’s refusal of a stay (FCAFC, [96]). [read post]
28 Jan 2023, 7:32 am
The move to metrics has produced additional challenges.Regarding ESG metrics, there is a strong argument that the quality and reliability of ESG metrics need to improve. [read post]
15 Jan 2023, 10:18 pm by Michael Douglas
The new FCR r 10.42(j) provides: (j)  if the proceeding arises under a law of the Commonwealth, a State or a Territory, and: (i)  any act or omission to which the proceeding relates was done or occurred in Australia; or (ii)  any loss or damage to which the proceeding relates was sustained in Australia; or (iii)  the law applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or… [read post]
23 Nov 2022, 5:55 am by Karuna Nundy
Bangladesh WP 9989 of 2014] by the High Court of Kenya [J Harrison Kinyanjui v. [read post]
27 Feb 2022, 11:33 am by admin
Teleflex Inc., 550 U.S. 398, 127 S.Ct. 1727, 1742 (2007) (emphasis added; internal citations omitted). [8] See Commonwealth v. [read post]